Judge Stops Trump Asylum Ban As Migrant Caravan Nears

A federal judge in California issued a temporary restraining order (TRO) against the Trump administration’s new asylum rules early Tuesday morning.

President Donald Trump issued an order on Nov. 9 denying asylum for all foreign nationals who enter the country illegally. The American Civil Liberties Union (ACLU) challenged the proclamation in court, arguing it violates the Immigration and Nationality Act (INA) and the Administrative Procedure Act (APA). U.S. District Court Judge Jon Tigar agreed, explaining that Congress extended asylum eligibility to all comers.

“Whatever the scope of the president’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” Tigar’s decision reads.

The TRO will remain in effect until Dec. 19. Tigar is an Obama appointee to the federal trial court in San Francisco.

The overnight order followed arguments in the dispute just 12 hours prior.

“This ban is illegal, will put people’s lives in danger, and raises the alarm about President Trump’s disregard for separation of powers,” ACLU attorney Lee Gelernt said after Tuesday’s decision. “There is no justifiable reason to flatly deny people the right to apply for asylum, and we cannot send them back to danger based on the manner of their entry. Congress has been clear on this point for decades.”

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40 Comments

The Republican Congress has the opportunity to change this if for once they would act in favor of the people who elected them instead of dragging their feet and doing the exact opposite of what they promised on Obamacare etc. The GOP has a slow learning curve.

There is a BIG difference between people crossing our borders legaly or illegaly and that Judge should be dismissed from his job. This one judge has singly declared to the world that anyone can come here. Is THAT what any other country in the world would allow? I dare say, NO!!

If he is denying them asylum, that might be legal, but if he is denying them the right to apply for asylum, that is clearly illegal. The articles I’ve read, including this one, don’t do a good job of distinguishing.

Trump should order the AG to IMMEDIATELY file an emergency appeal to the 9th “Circus” Ct. in CA. If he gets not relief he can demand an en banc hearing of the full court. If that fails it should be appealed to the SCOTUS as an emergency action. Well past time to smack these libturd judges in the mouth.

I believe that anyone who is for illegal entry into the US should be required to take several illegal families into their own homes. They will pay for their food, shelter , clothing and health care. At the least, they should allow tent-cities to be set up in their neighborhoods, if not their own front yards. Perhaps they would be willing to set up their single sisters, mothers, and aunts with MS-13 gang members to help set them on the path to righteousness. These liberals demand the rest of us accept it. They should lead by example.

Was “separation of powers” an issue when Obama created DACA? That flew in the face of US Immigration law. Don’t seem to recall any law suits from politicized judges demanding “separation of powers” or the fact that DACA did not comply with US Immigration laws.

This is an INVASION funded by Soros and the UN. The UN law states that ASYLUM MUST be offered by the first country the so-called “migrants” enter. THEY REFUSED MEXICO’S OFFER OF ASYLUM.

Trump needs this to advance speedily to his now Conservative-dominant Supreme Court AND get his lame-duck Repug Congress to act in the interests of the American people and NOT a FOREIGN invasion force.

that is a federal judge and he is simply upholding an existing federal law while preventing trump from changing the existing policy. this has nothing to do with california other than the location of the court.

HOW can it put lives in danger? when the illegals have migrated to another country (Mexico) and are not in their HOME country….they are supposed to seek asylum in the FIRST country they enter …NOT try to seek it in the country that OFFERS the BEST benefits….THIS IDIOT needs to move back to jolly old England where he came from…and enjoy all the immigrants there.

That OBOZO appointed IDIOT ought to have to house /support about 1000 of the illegals he is helping over run our borders….NOTICE it is always liberal appointed judges that try to make laws from the bench.

We might be better off building a wall that seals of California from the rest of the country and let them take the illegals in and pay for it out of state funds and no federal funds get used for the illegals.

I don’t believe that the judiciary was ever intended to take over running the country. With this action, it directly countermands the authority granted the president in the constitution. This CAN’T stand! This leave the president with little option but to use the military to protect the border, which, they will quickly forbid. We have LOST OUR COUNTRY. Say goodbye, we are DONE.

This is a disgrace. It is a national emergency that requires immediate action. These people are just Criminal invaders looking for the “American Free Ride” Close the birder. Let no one in. Tijuana thought we would let them in, Mexico helped them get to Tijuana. Let them keep them. To let them into our country would be a costly, dangerous disaster. When they realize the free ride is not going to happen they will drift away and stop coming for the most part. These lower court liberal judges are determined to overturn the election of 2016 and inflict their liberal ideals on everyone. Letting large numbers of invaders will be very destructive as they will turn America into a third world Spanish speaking hellhole like the one they left.

Obama was a constitutional scholar. He knew just HOW to destroy this country. Appoint thousands of federal judges that would promptly disable the president and congress, and take over running the country, with Obama as the new dictator. Cash in your chips, guys, we are done.

IMPEACH THIS FREAK OF A PUSSY JUDGE! TRUMP HAS EVERY RIGHTY TO STOP THESE THUGS FROM GETTING INTO THIOS COUNTRY DUE TO NATIONAL SECURITY! THAT IS A CONSTITUTIONAL DUTY OF THE PRESIDENT! ENOUGH OF THE G-DAMN TRAITOR JUDGES LEGISLATING FROM THERE THRONE!

Ship all these invaders to the judge, Pelosi, Waters, Harris, Swalwell and all the other democrat senators who so want these illegals for votes. Let them care for them. The American citizens do enough now. It’s not our job to take care of 1,000’s of illegals.

This is an opinion, designed to make people think, and to get out and VOTE, and restore the direction of this country to the will of the GENERAL PUBLIC in it’s MAJORITY, rather than at the will of apparently many wealthy and outside forces using political machinations of media to make the US more like EUROPE.

It has become increasing apparent over the last several years (decades) that almost all of what we consider “the government” here has become completely divorced from their LIMITED powers as the USConstitution lays things out, instead taking the view that it is the function of govenment to dispense rights upon the people.

It’s time to bring back the flags and such.. from the late 1700’s and early 1800’s. TAXATION WITHOUT REPRESENTATION. IMHO. What if we did?

It looks as if.. aS A GROUP.. The DC Elite, in co-operation with forces outside our own borders have imported – intentionally and decidedly – so many non americans to our soil so much faster than we can assimilate them.. that unless we bring up Article V of the USC we the ‘silent majority’ will abdicate this country to the influences imported from around the world.

Nowhere is that more PHYSICALLY evident than at our border with MEXICO. Even the citizens of MX are saying the same things we the citizens of the US have been saying for a number of years. ( Stop, go back, go home, send them home, we can’t afford this, etc) The event at the border with MX is a TEST of our resolve as a nation. One opinion is that this has been organized and led by someone other than the people you see in the caravan. The world is sitting back and watching, and unless we turn this RECONNAISSANCE FORCE away plainly and decidedly and resoundingly.. this country will fall. The only thing between this massive and directed infiltration and the end of our country is US.

What if – WHAT IF – some of the states on the border with MX and the border with CA made a public statement that they would hold NOTHING against US citizens using force (up to and including deadly force) to retain possession of their own homes and property and lives?

I would hope that this decision will be immediately and expeditiously appealed.
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Once again we see how the republicans have failed the America citizens, failed America itself.
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For two years the Republicans controlled both chambers of Congress and the White House and;
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they failed to build the wall;
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they failed to pass laws that would prevent what is happening on our border;
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they failed to address the visa overstays;
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they failed to address the asylum rules that would allow anyone in the world to claim asylum for any reason.
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ARTICLE I, Section 8, last clause is the last power/authority given to Congress and It specifically states; To make all laws which shall be necessary and proper for carrying into execution the forgoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.
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The republican failed when it come to any issue dealing with immigration, border security and the sovereignty of our country.

While the Judge is only showing his legal limitation – once you are illegally inside the U.S. you can be held and supported while you wait for a Court decision in a few months or years to decide if you are a legal asylum exception to the normal petition to migrate to the U.S. Democrats, allowed this to mean, put such persons in line and advise them to come back for the hearing at a specific date, time, and place. Oddly, when released in the US, these persons do not return! Instead they get a driver’s license and that lets them vote in many places and stay unknown to the Federal Court that wonders why they did not come back for their hearing? Hah-hah!
Trump’s idea is better: Stop these at the border and give them shelter and chance to escape the bad guys mixed in the huge crowd of thousands. Then many can decide its best to accept Mexican asylum already offered before they did the make believe – we walked 2,500 miles in 7 days!
Then the ones that really deserve asylum consideration can move into smaller controlled space -free of the bad guys that prey on the small percentage of the big group that are mostly Mexican men, not from Honduras.

The Hondurans may get a free bus trip back home, if they don’t want asylum in Mexico, where they can still apply for US asylum in a legal way.

The legal key for President Trump is that these hikers do not fall under the Judge’s law that deals with illegals already in the U.S. He keeps them out, until they have a legal path so the Judge can see them and accept them into San Francisco that needs all the illegals it can get to replace the tourists that do not come to be victims.

This is such a total crock! Asylum is granted only from the first country they enter-which in this case was Mexico! They were offered it in Mexico which they refused. This judge needs to be removed from the bench. Typical liberal!

I say No. the President should have the say for the American people, it is our decision to not let them into the country and shipped back to where they came from. The American People, do you hear????? so not want them here and the ACLU has been silent when it comes to many of our problems and they can bow out now too. They do not exist as far as I am concerned.